PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            20 July 2000                  
	DOCKET NUMBER:   AR1999033149

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Ann M. Campbell 		Member	
	Mr. Kenneth L. Wright		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Air Medal (First Oak Leaf Cluster) (currently known as the Air Medal with Numeral 2), the Army Commendation Medal and the Army Commendation Medal with “V” Device (correctly known as the Army Commendation Medal (First Oak Leaf Cluster) with “V” Device), the Soldier’s Medal and the Meritorious Unit Commendation.  The applicant also requests that certain military records be corrected to reflect the correct spelling of his first and last names.   

3.  The applicant states, in effect, that the awards and decorations mentioned above are missing from his discharge document and that his name is misspelled on several of his military records.  In support of his application, he submits a letter of explanation dated 28 October 1999; a copy of his DD Form 214; documentation pertaining to his discharge from the USAR; separation orders from the Army of the United States; orders, citation and an award certificate for the Basic Air Medal; orders for the Air Medal (First Oak Leaf Cluster); flight records; a letter from a Member of Congress, dated 4 April 1968, to the applicant’s parents acknowledging the applicant’s award of the Soldier’s Medal; a newspaper article pertaining to the applicant’s award of the Soldier’s Medal; a newspaper article pertaining to the applicant's response to battle given in “Ivy Leaf”; orders and an award certificate for the Army Commendation Medal with “V” Device; orders and an award certificate for the Purple Heart; citation and an award certificate for the Army Commendation Medal; and orders for nonaviator crewmember flight status.      

4.  The applicant’s military records show that he was inducted on 9 March 1967, served as a rifleman and door gunner in Vietnam from 8 September 67 through 21 August 1968 and was honorably discharged on 7 March 1969. 

5.  The applicant’s DD Form 214 does not show the Air Medal with Numeral 
2, the Army Commendation Medal (First Oak Leaf Cluster) with “V” Device, the Soldier’s Medal or the Meritorious Unit Commendation as authorized awards.  The Board notes his discharge document does show the Basic Air Medal as an authorized award.

6.  4th Infantry Division General Orders Number 1550, dated 17 April 1968, show the applicant was awarded the Air Medal for meritorious service while participating in aerial flight during the period 21 January 1968 to 13 February 1968.

7.  4th Infantry Division General Orders Number 2442, dated 9 June 1968, show the applicant was awarded the Air Medal (First Oak Leaf Cluster) for meritorious service while participating in aerial flight during the period 22 February 1968 to 31 March 1968.   

8.  The applicant provided a copy of an award certificate, dated 7 September 1968, which shows he was awarded the Army Commendation Medal for meritorious service during the period August 1967 to August 1968.  He also provided a copy of the citation for the Army Commendation Medal.

9.  4th Infantry Division General Orders Number 4379, dated 14 December 1967, show the applicant was awarded the Army Commendation Medal with “V” Device for heroism on 13 November 1967 in Vietnam.

10.  There is no evidence in the applicant’s personnel records which show he was recommended for or awarded the Soldier’s Medal.  Item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Soldier’s Medal. 

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for actions during the period 1 December 1967 to 31 May 1968 by Department of the Army General Orders Number 42, dated 1968.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 3, dated 1970.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

14.  The applicant provided copies of three USARV Forms 131 (Awards and Decoration Qualification Records) wherein his last name is misspelled.  He provided copies of a citation, orders (4th Infantry Division General Orders Number 1550 dated 17 April 1968) and an award certificate for the Air Medal which incorrectly displays his last name.  He also provided a copy of 4th Infantry Division General Orders Number 40, dated 9 February 1968, wherein his first name is misspelled.    

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy.  The same degree of heroism is required as for award of the Distinguished Flying Cross.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. Awards of the Soldier’s Medal will not be made solely on the basis of having saved a life.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations or reconsideration.

CONCLUSIONS:

1.  The applicant was awarded the Air Medal with Numeral 2; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) with “V” Device; therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  The Board noted the applicant’s contention that the Soldier’s Medal is missing from his discharge document.  The Board also noted the letter from the Member of Congress and the newspaper article provided by the applicant.  However, these documents are not sufficient by themselves as a basis for award of the Soldier’s Medal.  There is no evidence of record available to the Board which shows the applicant was awarded the Soldier’s Medal.  Therefore, he is not entitled to correction of his military records to show the Soldier’s Medal.

4.  The applicant’s units were cited for the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.  Therefore, the applicant is entitled to correction of his DD Form 214 to show these awards. 

5.  The applicant’s first and last names were incorrectly entered on the documents discussed in paragraph 14.  Therefore, these documents should be corrected at this time. 

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

	a.  by deleting the entry “AM” in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on the DD Form 214 of the individual concerned; and
b.  by adding the entries “Air Medal with Numeral 2”, “Army Commendation Medal (First Oak Leaf Cluster) with “V” Device”, “Meritorious Unit Commendation”, “Republic of Vietnam Gallantry Cross with Palm Unit Citation” and “Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation” in item 24 of his DD Form 214; and

	c.  that official documents be prepared to correct the spelling of the applicant’s first and last names on the documents discussed in paragraph 14.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

SAC____  AMC___  KLW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Samuel A. Crumpler_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999033149	
SUFFIX		
RECON		
DATE BOARDED	20000720	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19690307	
DISCHARGE AUTHORITY	AR 635-200 Chapter 2	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0018	
2.	107.0020	
3.	107.0034	
4.	107.0094	
5.	107.0095	
6.	100.0100